Students with Disabilities
& the Juvenile Justice System:
What Parents Need to Know
PACER.ORG
©2013, PACER Center, Inc. All rights reserved. No portion of this brief may be reproduced, stored
in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording, or otherwise, without express written permission of PACER Center.
Paula Goldberg, Executive Director, PACER Center
Lili Garfinkel, Coordinator, Juvenile Justice Project
Special Thanks to Julie Holmquist, senior writer and editor
8161 Normandale Blvd. | Minneapolis, MN 55437
952-838-9000 | 952.838.0199 FAX | 800-537-2237 TOLL FREE IN MN
PACER@PACER.org | PACER.org
Introduction
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. Numerous
studies show that special education students and
those with emotional or behavioral disorders or
learning disabilities are arrested and incarcerated at
a higher rate than their nondisabled peers.1 A 2005
national survey of education services in juvenile
corrections found that on average, 33 percent of
youth in the education programs were receiving
special education services.2 The study also found that
almost 20 percent of the youth with emotional and
behavioral disorders were arrested while in secondary
school, approximately 13 percent of juvenile offenders
had developmental disabilities, and 36 percent had
learning disabilities.3 Many of these young people
are referred to the corrections system directly from
school.
While many factors may play a role in students
becoming involved in corrections, parents should
know that school failure is a strong risk factor. There
are several school-related factors that make an arrest
more likely for inappropriate, nonviolent behaviors
that are often typical of a student’s disability. These
factors include:
• inadequate training for educators in special
education, especially training related to student
behavior
• zero-tolerance discipline policies in school
• few school-wide positive behavior interventions
and supports,4 which are proven to improve
student behavior
Without the appropriate diagnosis of a disability and
the services that must be legally provided at school,
some students are referred to court simply because
their disabilities have not been adequately addressed.
In addition, students with disabilities who are
involved in multiple systems, such as the foster care
system, are at even higher risk for ending up in court.
Why is this true, and what should parents and
caregivers know about this issue? These briefs are
designed to answer those questions and provide
parents with steps for protecting their children’s rights
in school and in court.
PACER’s Juvenile Justice Project helps parents and
professionals identify the needs of youth whose
disabilities may place them at risk for involvement in
the justice system. To learn more about juvenile justice
and students with disabilities, visit PACER.org/jj or
call 952-838-9000.
1
Linares-Orama, N. 2005. Language-learning disorders and youth incarceration. Journal of Communication Disorders 38: 311-9.
Quinn, M.M., R.B. Rutherford, P.E. Leone, D.M. Osher, and J.M. Poirier, 2005. Youth with disabilities in juvenile corrections; A
national survey. Exceptional Children 71: 339-45. Rutherford, R.B., and C. M. Nelson, 2005. Disability and involvement with the
juvenile justice system: Knowing versus doing. Exceptionality 13 (2): 65-67.
2
Wagner, M. 1991. Secondary school programs. In Youth with disabilities: How are they doing? The first comprehensive report from
the National Longitudinal Transition Study, ed. M. Wagner, L. Newman, R. D’Amico, E.D. Jay, P. Butler-Nalin, C. Marder, and R Cox,
3-1-3-54. Menlo Park, CA: SRI International.
3
Ibid.
PACER’s resources on School-wide Positive Behavioral Interventions and Supports in Minnesota can be found at pacer.org/pbis/.
4
3.
The School-to-Prison Pipeline: What Parents of Children and
Youth with Disabilities Need to Know
Jake is in 10th grade and has had an Individualized
Education Program (IEP) since he was diagnosed with
attention deficit hyperactivity disorder (ADHD) in third
grade. In fifth grade, he was diagnosed with a processing
disorder. Because of this disability, Jake has to work
hard to stay on task and complete all of his school work.
Since middle school, Jake has been suspended twice for
swearing and for leaving class without permission. His
grades have slipped from solid Bs and Cs to Ds and Fs.
Recently he became upset in class and yelled at a teacher
who was trying to keep him from leaving the room. The
police liaison officer removed him from the class, and he
was later charged with making terroristic threats and
disorderly conduct.
The presence of a disability is never an excuse to
break a law, but without the appropriate diagnosis and
interventions, students with disabilities can become
frustrated and angry. This can place them at a higher
risk for involvement with the juvenile justice system
and what is called the “School-to-Prison Pipeline.”
For example, certain disabilities can affect how a
person thinks, processes information, and reacts to
certain situations. In Jake’s case, his learning disability
interfered with his ability to follow more than one
instruction at a time, and he needed more time to
process information he heard or wrote. He also
became upset and frustrated more easily, especially
when he couldn’t understand something, or when
teachers said he wasn’t trying or he was defiant.
Parents are often unaware that children with
disabilities have rights in school if their child engages
in behaviors that could lead to charges. Parents can
use the IEP process to help protect their child’s rights
in school.
What should parents do to prevent
involvement in juvenile justice if their child’s
disability includes behavior issues?
• If you are concerned about your child’s behaviors
and there are repeated behavior issues, request a
special education evaluation in writing.
• If you do not agree with the school’s evaluation,
request an independent education evaluation.
• Ask if your child is experiencing bullying,
harassment, or exclusion that might be impacting
his or her behavior.
• Double-check your child’s IEP, and compare
each identified need with the services provided.
If there are not services listed that address each
need, request an IEP team meeting to revise the
IEP.
• Request job placement or unique educational
opportunities in high school, where your child
may find success and resolve behaviors.
• Ask for a functional behavioral assessment1.
• Write into the IEP that your child may not be
interviewed by the police or the school’s police
liaison officer without a parent present.
Schools have different policies for dealing with
students’ behavior, and it is important for parents of
children with disabilities to understand the school’s
practices. Below are some additional questions parents
may ask at school to learn more about school practices
and policies related to challenging behaviors.
Questions to ask if you are concerned that
the police may be called
• Does your child recognize the signs when he or
she is becoming more anxious, afraid, or very
angry?
• Does your son’s IEP include permission to go
to an agreed-upon place to calm down or have
A functional behavioral assessment is a process that seeks to identify the problem behavior a child or adolescent may exhibit, particularly
in school, to determine the function or purpose of the behavior, and to develop interventions to teach acceptable alternatives to the
behavior.
1
4.
©2013, PACER Center, Inc. | The School-to-Prison Pipeline
some quiet time if he is feeling upset? Is your
daughter allowed to call you if she feels afraid of
losing control of her emotions?
• Are teachers trained to recognize the signs that
your child’s behaviors are leading to a loss of
control?
• Are instructions included in the IEP so teachers
know how to de-escalate behaviors so that your
child doesn’t lose control or “have a meltdown?”
Questions to ask the police and the school
if your child is charged with a crime that
occurred at school
• What were the circumstances of the offense?
• What triggered the behavior?
• What are the charges? (i.e. disorderly conduct,
assault)
• Are school liaison police officers aware that your
child has a disability?
• Has this happened before? Has your child faced
similar disciplinary actions in the past at school
or in court?
• Are the goals in your child’s IEP instructive and
positive?
• Does he or she receive services under an IEP or
5042 plan?
◊ Here is an example of a positive goal that will
help build skills: Jake will signal the teacher
when he feels upset or anxious.
◊ Here is an example of a goal that punishes the
behavior but does not help build skills: If Jake
swears he will be suspended for the day.
• Will the school call me if the police are called to
school because of my child’s behavior?
Sometimes parents become upset if they feel the
school is not responsive to their child’s behavior
needs. They may keep their child at home and hope
to find a solution themselves. Parents should never
remove their child from school without first having a
meeting with the school. The meeting will help plan
for the child’s move to a different school. If parents
remove their child from school without a meeting,
in some cases schools can refer the family to the
child protection system, which may file charges of
educational neglect against the parents in addition to
charging a child with truancy. It is always best to work
within the special education system.
• Was there a behavior plan or crisis plan in the
IEP? If so, was it followed?
• According to federal law, if he or she was
suspended for 10 days or more in a row or 10
cumultative days within the school year for the
same behavior, was a manifestation meeting3
held? What was the outcome?
• Was my child questioned alone by police? Did he
or she sign any documents?
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. Why is
this true, and what should parents and caregivers
know about this issue? This brief is the first in a series
designed to answer those questions and provide
parents with steps for protecting their children’s
rights. To order the complete series of “Students
with Disabilities & the Juvenile Justice System: What
Parents Need to Know,” call 952-838-9000 or visit
PACER.org/jj.
If the police become involved at school because
of your child’s behavior, it is important to collect
information about the situation. You may need to
provide information to the court.
A 504 plan is a documented plan the school and parents develop together for providing reasonable accommodations and other services
so a child with a disability may participate fully in the school setting.
2
A manifestation meeting is a process in which members of the IEP team who are familiar with your child and the behavior in question,
school district representatives, and the parent review all relevant information in a child’s file. They then decide if the child’s misconduct
was caused by or had a direct and substantial relationship to his or her disability. They must also determine whether the misconduct was
the direct result of the district’s failure to implement the IEP.
3
©2013, PACER Center, Inc. | The School-to-Prison Pipeline
5.
Zero-Tolerance Policies at School: What Parents of Students
with Disabilities Need to Know
Zach is a 15-year-old student in eighth grade. He has
been in a level 4 setting (a separate-site program)
since he was 11 because of emotional and behavioral
disorders. Zach has depression, anxiety, and an
adjustment disorder. He also has some cognitive
disabilities that interfere with his ability to read and
process information. When he was 5, he was abused
by a male. When he was 11, his dad left and his mom
moved. Zach has many fears, real and imaginary. He
is afraid of most men and police officers and becomes
anxious when there are changes in his routine.
Zach has an Individualized Education Program
(IEP) and a behavior plan, and his mother works
closely with his teachers and case manager. The same
paraprofessional has worked with him for two years,
but she recently took a medical leave. Not only was this
unsettling for Zach, but the process for getting another
paraprofessional took months, and by then his behaviors
had escalated considerably. He received several in-school
suspensions for not doing his work, disturbing others,
and “staring inappropriately.” He was also suspended
from school for defiance, throwing a pencil at another
student, and for using profanity with classmates and the
teacher.
The new paraprofessional was a retired male police
officer. It was not a good match, and Zach’s behaviors
became more aggressive. He tried running away. In his
last attempt, the paraprofessional chased and grabbed
him. Zach hit and kicked him. The police were called,
and Zach was charged with fifth-degree assault.
Many schools have “zero-tolerance policies” for some
behaviors. A zero-tolerance policy in schools is a
policy of punishing any violation of a rule, regardless
of accidental mistakes or unique situations. When
first used, zero tolerance was defined as consistently
enforced suspension and expulsion policies in
response to weapons, drugs, and violent acts in the
school setting. In recent years, these types of policies
have resulted in harsh responses to nonviolent
acts as well as an increase in arrests of students for
inappropriate but not criminally violent behavior.
These policies most often affect children of color and
those with disabilities. Youth with disabilities like
6.
Zach are disproportionately referred to court from
school. In fact, these charges are often closely linked to
behaviors that are typical of their disabilities.
Zero-tolerance “policies” were developed because of
concerns about rising student violence. They were
meant to address serious crime such as possession
of drugs, weapons, aggressive behaviors, or gang
violence. Zero-tolerance policies stem from the
Gun Free Schools Act passed by Congress in 1994,
requiring a one-year expulsion for any student found
with a firearm at school. After the Columbine school
shooting in 1999, many states and school districts
strengthened zero-tolerance policies. In some states,
zero-tolerance policies are required and can include
such behavior as possessing drugs of any kind,
fighting, and possessing anything that can be used
as a “dangerous weapon.” They result in mandatory
suspension or expulsion. In Minnesota, zero-tolerance
policies are not required, but school districts may
adopt these policies.
What does a zero-tolerance school policy
look like?
Here’s a sample policy:
The school district and the school take a position of
“Zero Tolerance” in regard to the possession, use, or
distribution of weapons by students. Consequently, the
minimum consequence for students possessing, using, or
distributing weapons shall include:
1.immediate out-of-school suspension;
2.confiscation of the weapon;
3.immediate notification of police;
4.parent or guardian notification; and
5.recommendation to the superintendent of dismissal
for not to exceed one year.
This example shows the typical consequences for
students when they violate a zero-tolerance policy,
often including frequent and long suspensions or even
expulsion. Over time, zero tolerance in some schools
has become a “one-size-fits-all” response to nonviolent
and other behavior offenses, including defiance, bad
language, not handing in work, or poor attendance.
©2013, PACER Center, Inc. | Zero-Tolerance Policies at School
In 2006, more than 3.3 million students in the U.S.
(one in 14) were suspended or expelled;1 less than
10 percent of these cases were for violent offenses.2
Students with Individualized Education Programs
(IEPs) for special education have some protections
against suspensions and expulsions, but still can be
impacted by zero-tolerance policies.
Having a disability is not an excuse to break the law,
and schools should not allow dangerous behaviors
to continue without consequences. Zero-tolerance
policies are not effective in preventing inappropriate
behavior, however, and they often exclude the very
students who need to be in school. They also can
have the unintended consequence of criminalizing
or excluding students for behaviors that are related
to their disability. There are effective alternatives to
preventing inappropriate behaviors, such as positive
behavioral interventions and supports, and functional
behavior assessments3 in special education.
frustrating. They may then spend unsupervised
time at home or in petty criminal behavior.
What are the protections for students with
disabilities?
According to federal law, if a student on an IEP is
suspended for more than 10 consecutive days or 10 or
more cumulative days within the school year for the
same behavior, the school must have a manifestation
meeting4 to determine whether the behavior was
a manifestation of the disability. If a student’s
misconduct is caused by the disability or the school’s
failure to provide appropriate services and supports
for the disability, the student cannot be punished for
the misconduct.
Why are students with disabilities at
greater risk when zero-tolerance policies are
applied?
• Students who are expelled or suspended must
learn outside of the educational setting, do not
have access to the supports and teachers who
understand their disability, and often have a
harder time catching up with the curriculum.
• Students who have learning challenges and
are struggling cannot afford to miss school
because of suspensions and become even more
discouraged about school following a long
suspension or expulsion.
• Students with disabilities that include behavior
issues may use provocative behaviors as a means
of getting suspended because they find school so
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. Why is this
true, and what should parents and caregivers know
about this issue? This brief is the second in a series
designed to answer those questions and provide
parents with steps for protecting their children’s
rights. To order the complete series of “Students
with Disabilities & the Juvenile Justice System: What
Parents Need to Know,” call 952-838-9000 or visit
PACER.org/jj.
National Center for Education Statistics (2009). Contexts of Elementary and Secondary Education. http://nces.ed.gov/programs/
coe/2009/section4/indicator28.asp
1
M. K. Rausch and R. Skiba. (2004). “Unplanned Outcomes: Suspensions and Expulsions in Indiana.” Education Policy Briefs, 2 (2).
2
A functional behavioral assessment is a process that seeks to identify the problem behavior a child or adolescent may exhibit, particularly
in school, to determine the function or purpose of the behavior, and to develop interventions to teach acceptable alternatives to the
behavior.
3
A manifestation meeting is a process in which members of the IEP team who are familiar with your child and the behavior in question,
school district representatives, and the parent review all relevant information in a child’s file. They then decide if the child’s misconduct
was caused by or had a direct and substantial relationship to his or her disability. They must also determine whether the misconduct was
the direct result of the district’s failure to implement the IEP.
4
©2013, PACER Center, Inc. | Zero-Tolerance Policies at School
7.
How Bullying Can Lead Youth with Disabilities into the Juvenile
Justice System
Ahmad is a sixth grader who has always struggled with
reading and was diagnosed with a specific learning
disability and mild depression. Once Ahmad had a
504 plan1 with accommodations for his disability, he
was much happier. He worked hard in school, had
many friends, and excelled in sports. So when he didn’t
want to go to school and complained of headaches and
stomachaches, his parents couldn’t understand why.
There was nothing physically wrong with him, but
his grades were slipping, he wasn’t doing his work, he
wanted to quit sports, and he wasn’t inviting friends
home.
One day the school called Ahmad’s mother. Ahmad
and another boy had started fighting in the bathroom.
Ahmad had punched the other boy in the eye so badly
that he was taken to the hospital. Because of this,
Ahmad was suspended for 10 days and charged with
assault. He finally admitted that his two best friends
had been ignoring him and teasing him since school
began six months earlier. Most of the time, it happened
at recess or at lunch. They would point and laugh at his
glasses, “accidently” bump into him or push him, or call
him “gay.” The last straw was when the coach laughed
when they called him gay.
Research shows that children with disabilities
experience significant bullying. Several studies have
found that children with disabilities are two to three
times more likely to be bullied than their nondisabled
peers. If no one intervenes and youth try to end the
harassment by themselves, it can sometimes lead them
into involvement with the juvenile justice system.
As in Ahmad’s story, students with disabilities who
have been routinely targeted by bullying may one day
fight back if no one is acting on their behalf to stop
the bullying. They might then find themselves being
disciplined at school, suspended, and arrested before
parents even know that their child has been a target of
bullying.
When a child with a disability has been a target of
bullying, fights back, and then is in trouble, parents
should work with the school to ensure that the
consequences are fair. Ahmad’s charges could be
reduced or dropped and replaced with an approach
that prevents bullying in the future. Additionally,
Ahmad should be encouraged to learn skills in asking
for help and recognizing his feelings. Parents and
caregivers of students with disabilities can make
themselves and school officials aware of the issues and
take steps to prevent bullying2.
Questions Parents Can Ask at School
As a parent, you can be proactive and work to avoid
bullying problems in several ways. Parents can ask the
Individualized Education Program (IEP) or 504 team
and schools officials the following questions:
1.How can we use my child’s IEP as a tool to
prevent bullying?
Every child receiving special education is entitled to
a free, appropriate public education (FAPE), and
bullying can sometimes become an obstacle to receiving
that education.
The IEP team, which includes the parent, can identify
strategies that can be written into the IEP to help
stop or prevent bullying. It may be helpful to involve
the child, when appropriate, in the decision-making
process. Ask your child’s IEP team about possible
strategies such as:
• Identifying an adult in the school whom the child
can report to or go to for assistance when they
feel anxious or afraid
• Determining how school staff will document and
report incidents
• Allowing the child to leave class early to avoid
hallway incidents
• Educating peers about school district polices on
bullying behavior
A 504 plan is a documented plan the school and parents develop together for providing reasonable accommodations and other services
so a child with a disability may participate fully in the school setting.
1
To learn more about programs and resources to prevent bullying, call PACER’s National Bullying Prevention Center at 952-838-9000 visit us
online at PACER.org/publications/bullying.asp.
2
8.
©2013, PACER Center, Inc. | How Bullying Can Lead Youth with Disabilities into the Juvenile Justice System
• Having the school staff provide reassurance to
the student that he or she has a right to be safe
and that the bullying is not his or her fault
• Shadowing by school staff of the student who has
been bullied; shadowing can be done in hallways,
classrooms, and playgrounds
2.What are the school’s policies concerning
bullying?
It’s important for families to know the laws concerning
bullying and the rights their children have. Ask for a
written copy of the school’s policy for responding to
bullying situations, and find out if your state has a law
addressing bullying by visiting Olweus.org.
While there is currently no federal law directly
addressing bullying, parents have federal legal rights
if their child with a disability is the target of bullying
or disability harassment. Under federal civil rights
laws enforced by the U.S. Department of Education
and the U.S. Department of Justice, federally funded
schools must address harassment that is based on a
student’s disability. Students with a 504 plan or an
Individualized Education Program (IEP) qualify for
protections if the harassment denies a student with a
disability an equal opportunity to education.
3.Does the school have a program that helps
students with problem-solving, and if not, can
one be created?
Most students feel uncomfortable when they see
bullying, but may not know what to do when it
happens. If they do take action, it has a high rate
of success: More than 57 percent of bullying stops
when another student intervenes. One example of a
program that works is a Peer Advocacy Program*,
which empowers students without disabilities to watch
out for more vulnerable students. Other programs that
can help include positive behavior supports and peer
problem-solving programs.
The Peer Advocacy Program works for two reasons:
Students are more likely than adults to see what
is happening to their peers, and peer influence is
powerful. A student telling someone to stop bullying
may have more impact than an adult giving that
same advice. A peer advocacy program can also help
students with disabilities to make new friends at
school.
What Parents Can Do at Home:
1.Watch for signs and talk to your child
Children may not always realize that they are being
bullied. They might think it is bullying only if they
are being physically hurt; they might believe the other
child is joking; or they may not understand the subtle
social norms and cues. There can be many possible
signs of bullying. Consider the possibilities if your
child:
• doesn’t want to attend school or ride the bus,
• is truant,
• starts complaining of stomachaches or
headaches,
• seems down or anxious,
• or has sleep problems or temperament changes.
If you suspect bullying, you may learn more
information from your child if you approach the
subject indirectly. You might ask your child:
• How is your bus ride to school?
• Who do you sit by at lunch?
• I notice that you seem to be feeling sick a lot and
wanting to stay home. How come?
• Are kids making fun of you?
• Are there a lot of cliques at school? What do you
think about them?
• Has anyone touched you in a way that did not
feel right?
• Does anyone say things to you or about you
online that make you feel bad?
2.Keep a record/Notify school professionals
When a child is a target of bullying, parents need to
document the events in writing and develop a record
(or history) of what is happening to their child. The
record should include all communication with school
professionals. This record is useful when talking with
school educators, law enforcement personnel, or other
individuals who may need to assist parents. It’s also
useful if your child decides to retaliate against another
child, since it may show a more accurate picture
of what has been taking place at school. For more
Learn more about the Peer Advocacy Program at PACER.org/Bullying/resources/students-with-disabilities/peer-advocacy.asp
*
©2013, PACER Center, Inc. | How Bullying Can Lead Youth with Disabilities into the Juvenile Justice System
9.
information on keeping records on bullying situations
and notifying school professionals, order PACER’s
handout, “Notifying the School About a Bullying
Incident—Using a Template Letter” (Action Sheet:
BP-19), or go to pacer.org/bullying/pdf/NotifyingSchool-About-Bullying-handout.pdf.
Facts about Bullying and Students with
Disabilities:
• A 2013 study shows that students receiving
special education services for behavioral
disorders and those with more obvious
disabilities are more likely to be bullied than their
general education counterparts and are also more
likely to bully other students.
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. Why is this
true, and what should parents and caregivers know
about this issue? This brief is the third in a series
designed to answer those questions and provide
parents with steps for protecting their children’s
rights. To order the complete series of “Students
with Disabilities & the Juvenile Justice System: What
Parents Need to Know,” call 952-838-9000 or visit
PACER.org/jj.
• A 2002 study of U.S. mothers found that 75
percent of children with a diagnosis of Asperger’s
Syndrome were emotionally bullied.
• Other research has found that students with
behavior disorders are more likely to perpetrate
bullying, but the bullying behavior may be
retaliatory, in response to being bullied.
10.
©2013, PACER Center, Inc. | How Bullying Can Lead Youth with Disabilities into the Juvenile Justice System
When School Absences Lead to Juvenile Justice: What Parents
of Children and Youth with Disabilities Need to Know
Maria is a 17-year-old in 11th grade who has been
diagnosed with depression and anxiety as well as
post-traumatic stress disorder (PTSD). She has been
in her school district’s gifted and talented programs
since fourth grade, but began failing her classes in
eighth grade and has struggled to keep up with her
accelerated coursework in English for the last two years.
She began using marijuana in 9th grade, and has since
had irregular attendance and inconsistent grades in
school. Her parents just learned that she’s missed 42
class periods this school year; as a result the school
district referred her to the county attorney. Maria will
be charged because she has been through the truancy
prevention program twice last year and continues to be
truant.
School attendance plays an important role in
academic success. Children often fall behind in school
if they frequently miss part of or an entire school day.
All students sometimes have valid reasons to miss
school, such as illness or injury, or appointments that
cannot be scheduled before or after school hours. In
some cases, such as Maria’s above, children may avoid
attending school due to their disability, and then find
themselves in trouble. Maria’s parents should make
sure the county attorney and school have information
about her disability in order to reduce or drop her
truancy charges. In addition, parents can work with
the school to prevent charges from being filed.
For students with disabilities, their diagnosis may
contribute to more frequent absences and may even
result in “school refusal” in some cases. Whether
because of bullying, anxiety, depression, attention
deficit hyperactivity disorder (ADHD), or something
else, students may avoid or refuse to attend school
when their needs are not being met. In addition,
students may become anxious about not being
successful in school. School failure can lead students
to feelings of rejection and lower self-worth, and
even to dropping out of school or spending time
with peers who are already involved in delinquent
activities, such as skipping school. If you notice that
your child frequently claims to be sick or finds ways to
avoid classes, talk to your child and the school so the
problem can be addressed immediately.
Excused Absences
If you expect that your child will have multiple
absences in order to receive needed treatment or
because of physical or mental illness, it helps to be
proactive and plan ahead as much as possible.
Work with the School
• Reach out to the school nurse. This person can
become an advocate and work with you to make
sure the absences are excused without problems.
• Talk to teachers about developing a plan so your
child can catch up on school work. Some ideas
include planning for catch-up lessons, having
homework delivered to your home, or arranging
to use notes from other students. Whenever
possible, plan ahead so that your child can have
materials before the absence.
• Look in your school’s handbook to find its policy
on excused absences, and follow the policy or an
alternate written plan you’ve developed with the
school.
Schools have different definitions for excused
absences, and these are included in the school
district’s attendance policy. In general, when your
child is absent for a medical reason, contact the school
office or attendance line as early as possible on the day
of the absence. Give your child’s name, grade level,
and reason for the absence. Tell the school when you
think your child will return. When your child returns
to school, write a note that explains your child’s
absence.
Some schools have a limit on parent-excused
absences. If your child exceeds that amount, you may
be asked to provide a health provider’s note verifying
the absence. If you have worked out a written plan
with the school early in the year, you may not need to
provide a note, but make sure you include in the plan
information about when a health care provider’s note
is required.
©2013, PACER Center, Inc. | When School Absences Lead to Juvenile Justice
11.
Work with Your Child’s Doctor and Other
Health Care Providers
• Many health care providers will write a general
letter to the school at the beginning of the school
year, when your child changes schools, or at first
diagnosis. This letter can be kept on file at school
and included in the Individualized Education
Program (IEP) or 504 plan1. It could explain
things such as:
◊ The diagnosis in general, and what impacts
it may have at school, including frequent
absences
◊ How often the child will be having office visits
or may be absent for illness
◊ What accommodations may be helpful
• Ask your child’s health care provider to send a
standard letter at the beginning of school.
• Make sure you have a copy of the school’s policy
on attendance, and follow the school’s policies to
excuse health-related absences.
If your child has an IEP for special education or a 504
plan, be proactive about absences by:
• Discussing the potential of having an altered
school day with your child’s IEP team
• Assigning someone, such as the school nurse, to
monitor absences
• Planning accommodations for managing makeup work
• Writing goals and objectives so older children
and youth will build skills to keep track of missed
lessons and assignments by themselves
If your child does not qualify for an Individualized
Education Plan (IEP) or a 504 plan, work with
your school to develop an Individual Health Plan
to support your child with disabilities that require
frequent absences. The tips above can help.
Truancy and Unexcused Absences
repeatedly stays home, claims to feel sick, or finds
ways to visit the library, bathroom, or nurse’s office
rather than attend class. A student who is truant more
likely enjoys the time off from school, hangs out with
friends, or goes out into the community rather than
attending class. School refusal must be addressed
through the special education or 504 process so the
student’s needs are met and he or she is able to learn
without the barriers of a disability.
In some cases, it can be difficult for schools to tell
the difference between students who are absent with
a valid excuse and students who are truant. This is
especially true when students have frequent absences
due to chronic mental and physical health conditions.
Additionally, schools have different policies and
procedures for recording absences, and sometimes
absences with a valid excuse are still recorded as
unexcused. If a student has multiple unexcused
absences, the school is required to try to improve that
student’s attendance. Sometimes those efforts include
notifying the parents that the child is truant and
referring the student to juvenile court.
Truancy and problems brought on by frequent
absences can be avoided, however, if you know
your school’s policies, plan ahead, and take action
early on to address “school refusal.” Being proactive
and working with the school can help your son or
daughter stay on track with school work and avoid
involvement in the juvenile justice system.
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. Why is this
true, and what should parents and caregivers know
about this issue? This brief is the fourth in a series
designed to answer those questions and provide
parents with steps for protecting their children’s
rights. To order the complete series of “Students
with Disabilities & the Juvenile Justice System: What
Parents Need to Know,” call 952-838-9000 or visit
PACER.org/jj.
Truant students are those who miss school repeatedly
and do not have a valid excuse. Truancy is different
than school refusal. A student with school refusal
A 504 plan is a documented plan the school and parents develop together for providing reasonable accommodations and other services
so a child with a disability may participate fully in the school setting.
1
12.
©2013, PACER Center, Inc. | When School Absences Lead to Juvenile Justice
What Parents of Children with Disabilities Need to Know
about Juvenile Court
As a parent, it’s important for you to understand
your role if your child with a disability is charged at
school and must appear in juvenile court. While it is
understandable that you may be upset, the best advice
is to remain calm so you can advocate for your child.
This handout can help you understand what to expect
in court, what you can say in court to help your child,
and what information is important to share with
attorneys and other professionals.
Does my child need an attorney?
• Youth should never say that they don’t need an
attorney, and parents should not act as their
child’s attorney.
• If you cannot afford an attorney, you may ask that
your child have a court-appointed attorney.
• Be aware that because the court-appointed
attorney represents your child, and not you, some
attorneys may not speak with you.
• If you hire a private attorney, it is important that
the attorney is knowledgeable about juvenile
court or education law in order to best help you.
What should we do in court to help our
child?
It is critical that parents and youth show respect for
the court. The judge wants to know that the young
person will not return to court in the future. This
means that the young adult and his or her family must
show that they take the charges seriously and are
working to prevent repeated behaviors in the future.
They might share what steps they are taking to avoid
future problems and the names of the agencies that are
helping them. Always remember to:
• Speak respectfully to the police, attorneys, judge,
and others.
• Help your child accept responsibility for the
action and not blame the school, friends, or
others.
• Help your child and the attorney understand
and describe the impact of your child’s disability
without making excuses.
• Fully explain any circumstances that might have
affected your child’s behavior, which may include
medication changes, bullying, or changes at
school or home.
What information can I provide that will
help our child?
When attorneys and other professionals work with
a youth in court, they need to understand how a
disability may have contributed to the problem
behavior. This is especially true if the school was not
meeting the youth’s learning or special education
needs, or when issues should have been resolved in
school through the special education process and not
in court. Parent Centers and other disability advocacy
groups may be able to connect parents to attorneys
who know juvenile law and understand disability
issues. Find a Parent Center near you by visiting
ParentCenterNetwork.org.
It can be difficult to offer information about your
child’s disability. As a parent, you can make sure the
attorney and the court have access to the following
information:
• The most recent special education records, either
the Individualized Education Program (IEP) or a
504 plan
◊ Let the attorney know if the school has
followed the IEP, provided the services
promised, and provided a behavior or crisis
plan.
◊ Share whether or not your child is meeting
learning and comprehension goals, and
whether or not your child’s comprehension is
typical for his or her age.
◊ Let the attorney and court know if you have
shared your concerns with the school and
what actions were taken.
• Information about the incident, witnesses, and
any available video of the incident
◊ Let the attorney know whether or not your
child has been suspended for the same
©2013, PACER Center, Inc. | What Parents of Children with Disabilities Need to Know about Juvenile Court
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behaviors in the past, and how the school has
handled it.
• Information about any prescribed medication,
and if the youth was not taking his or her
medication at the time of the incident
What should I expect in court?
• Be prepared to wait several hours at court for
your child’s case to be heard. You may even have
to return to court the next day. Let your employer
know about the situation, and enlist daycare help
for other children if needed. The court cannot
predict how long other cases may take.
Parents can help their children in juvenile court
by participating in the process in a respectful way,
providing information to the court, and acting as their
child’s advocate.
14.
Youth with disabilities are at a higher risk for
involvement in the juvenile justice system. If
your child with a disability is involved with the
juvenile justice system, you can provide important
information to the court and the system about
the disability. Parents and caregivers can also ask
questions about special education, specific policies,
treatment, and placement to make sure a youth’s
disability is taken into account and addressed.
This brief is the fifth in a series designed to help
parents understand their child’s rights and ask
important questions if their son or daughter is
involved in the system. To order the complete series
of “Students with Disabilities & the Juvenile Justice
System: What Parents Need to Know,” call
952-838-9000 or visit PACER.org/jj.
©2013, PACER Center, Inc. | What Parents of Children with Disabilities Need to Know about Juvenile Court
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